Consultant’s Representations and Warranties. COMPLIANCE WITH LAWS. Consultant, in the execution of its duties and obligations under this Agreement, agrees to comply with all applicable federal, state and local laws, rules, regulations and ordinances. DRUG FREE WORKPLACE. Consultant agrees to comply with all applicable federal, state and local laws regarding smoke-free and drug-free work places and shall make a good faith effort to ensure that none of its employees or permitted subcontractors engaged in the Work purchase, transfer, use or possess illegal drugs or alcohol, or abuse prescription drugs in any way. NONDISCRIMINATION OF EMPLOYMENT. Pursuant to R.C. 125.111 and the Attorney General’s policy, Consultant agrees that Consultant, any subcontractor, and any person acting on behalf of Consultant or a subcontractor, shall not discriminate, by reason of race, color, religion, sex, sexual orientation, age, disability, military status, national origin, or ancestry against any citizen of this state in the employment of any person qualified and available to perform the Work. Consultant further agrees that Consultant, any subcontractor, and any person acting on behalf of Consultant or a subcontractor shall not, in any manner, discriminate against, intimidate, or retaliate against any employee hired for the performance of the Work on account of race, color, religion, sex, sexual orientation, age, disability, military status, national origin, or ancestry.
Consultant’s Representations and Warranties. The Consultant represents and warrants to the Company as follows:
(a) The Consultant is not under any legal obligation, including any obligation of confidentiality or non-competition, which prevents the Consultant from executing or fully performing this Agreement, or which would render such execution or performance a breach of contract with any third party; and
(b) The Consultant's performance hereunder will not give rise to any right or claim by any third party, including, but not limited to, any of the Consultant's employers or any person to whom the Consultant has provided or currently provides consulting services, to any intellectual or other property or rights of the Company.
Consultant’s Representations and Warranties. Consultant represents and warrants to Agency, for this PA and the WOCs, that (i) Consultant has the power and authority to enter into and perform the WOC, (ii) the WOC, when executed and delivered is a valid and binding obligation of Consultant, enforceable in accordance with its terms, (iii) the Services under the WOC will be performed in accordance with the professional standard of care set forth in Section 6 below; (iv) Consultant is duly licensed to perform the Services, and if there is no licensing requirement for the profession or Services, is duly qualified and professionally competent to perform the Services; and (v) Consultant is an experienced firm having the skill, legal capacity, professional ability and resources necessary to perform all the Services required under the WOC.
Consultant’s Representations and Warranties. The following representations and warranties of Consultant (in addition to any other representations and warranties contained in this Agreement) are material to Owner’s selection of Consultant which representations and warranties shall survive the execution and delivery of this Agreement, any termination of this Agreement, and the final completion of the Services. Consultant shall provide such reasonable evidence necessary to support any of the following representations upon written request therefor by Owner. Consultant represents and warrants to Owner, as of the date hereof, of any Change Order and any invoice provided to Owner:
Consultant’s Representations and Warranties. Consultant represents and warrants as follows:
(a) Consultant has the power and authority to enter into and perform this Agreement and is not prohibited from entering into this Agreement or discharging and performing all covenants and obligations on its part to be performed under and pursuant to this Agreement;
(b) Consultant has taken all action required by Applicable Law in order to approve, execute and deliver this Agreement;
(c) The execution and delivery of this Agreement, the consummation of the transactions contemplated herein and the fulfillment of and compliance by Consultant with the provisions of this Agreement will not conflict with or constitute a breach of or a default under or require any consent, license or approval that has not been obtained pursuant to any of the terms, conditions or provisions of any law, rule or regulation, any order, judgment, writ, injunction, decree, determination, award or other instrument or legal requirement of any court or other agency of government, the documents of formation of Consultant or any contractual limitation, restriction or outstanding trust indenture, deed of trust, mortgage, loan agreement, lease, other evidence of indebtedness or any other agreement or instrument to which Consultant is a party or by which it or any of its property is bound and will not result in a breach of or a default under any of the foregoing;
(d) Consultant has taken all such action as may be necessary or advisable and proper to authorize this Agreement, the execution and delivery hereof, and the consummation of transactions contemplated hereby;
(e) To Consultant’s knowledge, there are no actions, proceedings, judgments, rulings or orders issued by, or pending before any court or other governmental body that would materially adversely affect Consultant’s ability to perform its obligations under this Agreement; and
(f) This Agreement is a legal, valid and binding obligation of Consultant enforceable in accordance with its terms, except as limited by laws of general applicability limiting the enforcement of creditor’s rights or by the exercise of judicial discretion in accordance with general principles of equity.
Consultant’s Representations and Warranties. 5.1 Consultant represents and warrants, and hereby acknowledges TLHCD’s reliance on such representations and warranties, that as of the Effective Date:
5.1.1 Any license held by Consultant, as may be necessary or required for Consultant to provide the Services, is in good standing and is not subject to restriction, modification, suspension or revocation; and
5.1.2 Consultant is not subject to any noncompetition, nondisclosure or other agreement with any third party that in any way restricts Consultant’s ability to provide the Services or otherwise perform under this Agreement, including, without limitation, Consultant’s ability to enter into this Agreement or perform the Services for the benefit of TLHCD.
Consultant’s Representations and Warranties. CONSULTANT represents and warrants to TAMPA BAY WATER as follows:
6.1 CONSULTANT is duly authorized to conduct business in the State of Florida.
6.2 CONSULTANT has, or it will secure at its own expense, all personnel, facilities, and equipment required to perform and complete the Services.
6.3 CONSULTANT shall maintain an adequate and competent staff of professionals licensed and located within the State of Florida. CONSULTANT shall designate in writing a single representative with whom TAMPA BAY WATER shall coordinate. This representative shall have authority to transmit instructions, receive information, interpret and deliver CONSULTANT’s policy and decisions related to the Services and bind CONSULTANT with respect to any matter arising out of or relating to this Agreement.
6.4 CONSULTANT has or shall secure all licenses or permits required by Law for the performance of the Services and shall comply with all Laws in effect at the time of the execution of this Agreement and the time of performance of the Services.
6.5 CONSULTANT has familiarized itself with the nature and extent of this Agreement, the Project, the Services, the site, locality, and all local conditions and Law that may affect CONSULTANT’s performance of this Agreement, including CONSULTANT’s compensation, the progress schedule and/or the performance or furnishing of the Services.
6.6 CONSULTANT has reviewed this Agreement (including its Schedules) and all available information and data shown or indicated in this Agreement and has given TAMPA BAY WATER written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in this Agreement or information or data, and the written resolution thereof by TAMPA BAY WATER is acceptable to CONSULTANT.
6.7 CONSULTANT shall obtain and review all information and data which relates to the Services or which CONSULTANT may reasonably anticipate may affect cost, scheduling, progress, performance or furnishing of the Services, including, but not limited to, information and data related to the Project work of others under separate contracts, to the extent that such work may interface with the Services hereunder.
6.8 At all times during the performance of the Services, CONSULTANT shall comply with Title VII of the Civil Rights Act of 1964, as amended, and the Florida Civil Rights Act of 1992. CONSULTANT shall not discriminate in any form or manner against its employees or applicants for employment on the basis of race, color, national...
Consultant’s Representations and Warranties. Consultant represents and warrants to Agency, for this PA and the WOCs, that (i) Consultant has the power and authority to enter into and perform the WOC, (ii) the WOC, when executed and delivered is a valid and binding obligation of Consultant, enforceable in accordance with its terms,
Consultant’s Representations and Warranties. The Consultant represents and warrants to Titan that: (a) the Consultant has the necessary skills and experience to perform the Consulting Services, (b) the Consultant will perform his tasks under this Agreement in a professional manner and will comply with the applicable rules and policies of Titan while on Titan’s premises, (c) the Consultant will be the sole author and creator of all of the Work Product, and (d) the Work Product (and all parts thereof) will not infringe the Proprietary Interests of any third party. The Consultant will have materially breached this Agreement if any of these representations and warranties is ever materially untrue.
Consultant’s Representations and Warranties. The Consultant represents and warrants to the Company as follows and acknowledges that the Company has relied on such representations and warranties in entering into this Agreement:
(a) the Consultant has the skill, capability, resources, knowledge and ability to provide the Services; and
(b) the execution and delivery of this Agreement and the performance by the Consultant of all the covenants and agreements herein contained are not limited or restricted by or in conflict with, any contract, agreement or undertaking, oral or written, to which the Consultant is bound or any applicable lows.
